Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 03 March 2015), October 1758 (17581025).

Old Bailey Proceedings, 25th October 1758.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 25th, and Thursday the 26th, of OCTOBER.

In the Thirty-second Year of his MAJESTY'S Reign. NUMBER VIII. for the YEAR 1758. Being the Eighth SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE Sir CHARLES ASGILL , Knt. LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed and sold by M. COOPER, at the Globe, in Pater-noste Row. 1758.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, for the City of LONDON, and at the General Sessions of Gaol Delivery of Newgate, holden for the said City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.

BEFORE the Right Honourable Sir CHARLES ASGILL , Knt. Lord-Mayor of the City of London; the Right Hon. Lord MANSFIELD, Lord Chief Justice of the Court of King's Bench *; Sir JOHN WILLIS , Knt. Lord Chief Justice of the Court of Common-Pleas +; Sir EDWARD CLIVE , Knt. one of the Justices of his Majesty's Court of Common Pleas; Sir WILLIAM MORETON , Knt. Recorder ++; and others his Majesty's Justices of Oyer and Terminer for the said City and County.

N.B. The characters * + || ++ direct to the Judge by whom the prisoner was tried; also (L.) and (M.) by what Jury.

Samuel Leaper . I am servant to Mr. John Cutteridge , the prisoner at the bar worked for him as a labourer on Monday the 2d of this instant October. Mr. James, a founder in the Minories, came and desired my master to look at some metal, to see if he knew whose property it was.

Q. What sort of metal was it?

Leaper. There was a brass candlestick foot and four gates belonging to a fender. (Producing them.)

Q. Whose property are they?

Leaper. They are the property of my master; upon this the prisoner was charged with taking them and committed a day or two after, which another founder from Shoe-lane, hearing we had a man committed, came to let my master know he had a parcel of the same sort of goods; I went and saw them, and knew them to be my master's property, which were two warming pan sockets and four sender gates. (Producing them.)

Thomas Smith . I am servant to the prosecutor Mr. Cutteridge, (he looks at the two parcels of brass) these are his property.

Sarah Maynard . (She takes the second parcel in her hand.) These goods I bought of the prisoner at the bar.

Prisoner. I know nothing of that woman: I never saw her before.

Leaper. The prisoner owned in my hearing, that he did sell them to this woman.

Q. Did he say how he came by them?

Leaper. He said a bricklayer's labourer gave them to him.

Elizabeth Chapion . (She takes the first parcel produced, in her hand.) I bought these goods of the prisoner at the bar about five weeks ago.

Prisoner's defence.

I never saw those things, neither did I ever diminish the least crumb of my master's goods in my life; when I was taken up there was a girl belonging to the last witness, came and said, I was not the man, that the man that sold these goods was bigger than I, after that her husband came and said that he could not swear to me; I was carried to the counter, and the next day brought for further examination, then the man, the woman, and the girl came and swore point blank to me.

Elizabeth Chapion . The girl is here to give her evidence.

Hannah Turner . Elizabeth Chapion is my sister-in-law; I was not quite sure at first he being in another dress, but when he put on his cloaths which he had on before, then I was certain he was the man.

Guilty .

[Transportation.]

325. (M.) Edward Able , was indicted for stealing five chairs with matted seats, value 7 s, 6 d. the goods of John Hughes , September 10 . ++

John Hughes . I was burnt out of my house on Sunday the 10th of September, and lost many of goods.

Q. Why do you charge the prisoner?

Hughes. I did not know that I had been robbed till after the prisoner was taken up, and five chairs stopped at an alehouse on the Surry side of the water above-bridge; then I was informed of it, and went and saw the chairs, and knew them to be my property.

William Richmond . I belong to the Hand-in-Hand fire-office; I was told by a neighbour as I was at the Waterman's-arms Bank-side, that the prisoner had brought five chairs from the fire that was then below bridge, I went and saw the chairs at Mr. Richard's house, in his cellar.

Q. Where does Mr. Richards live?

Richmond. He keeps the Waterman's-arms Bank-side, I went and saw the chairs; there was the prisoner, I asked him how he came by them, he told me he took them up in the river Thames; I felt of the seats of the chairs, they were every one of them dry. I told the prisoner he had done the wrong thing by bringing them from the premises.

Q. What did he say to that?

Richmond. He said nothing at all; I went and told justice Clark of it, he ordered him to be kept in the custody of Mr. Richards.

Q. Was the fire near the water side?

Richmond. It was close by the water side; the prosecutor came and owned them.

Mr. Richards. I keep the Waterman's-arms Bank-side, there were five chairs brought into my house by a gentleman unknown to me, and the prisoner.

Q. How many of them did the prisoner bring ?

Mr. Richards. He brought in one or two of them.

Q. What did the prisoner say concerning how he came by them?

Mr. Richards. He said he had taken them upon the river Thames as they were swimming, and that there was a great fire below bridge where he took them up.

Q. to the prosecutor. In what part of the house did you see those chairs?

Prosecutor. I saw them in a one pair of stairs room.

Q. to Richards. How came the chairs to be removed out of the cellar to that room above?

Richards. The prisoner was going to take the chairs away on the Monday morning, and as I was ordered by justice Clark not to deliver them to him; I carryed them up stairs, I having a back door to my cellar, at which it is possible he might have got in and taken them away.

Q. Where is that gentleman you mention, that brought some of them into your house?

Richards. I do not know any thing of him, it seems he was going by and saw the chairs in the prisoner's possession, and he asked him how he came by them; the prisoner told him he took them up as they were floating on the river; so the gentleman said they ought to be kept in somebody's custody till the right owner came for them; he carried them first to a chandler's shop and the woman would not take them in, so he was directed to my house; he came and said, landlord give these chairs house-room till the right owner comes, here is a waterman says he found them swimming on the river Thames, he insisted upon their being put in some other person's custody, and not in the hands of the prisoner at the bar, thinking he did not come honestly by them.

Q. Have you seen the gentleman since?

Richards. No I have not.

Q. to Richmond. Did the prisoner say he picked up five chairs?

Richmond. I mentioned the five chairs to him, and told him he should not have brought them through bridge but have put them on shore near the place where he took them up.

Q. Did you charge him with stealing them?

Richmond. I told him I believed he took them from the fire on shore.

Q. What did he say to that ?

Richmond. He said nothing to that: I told him they were as dry as they were when they were made.

Q. Was the fire burning at that time?

Richmond. The fire was burning about five or six hours that Sunday morning.

Q. to Richards. What time were the chairs brought into your house?

Richards. They were brought in between the hours of four and five on Sunday Sept. 10.

Q. How far is it from your house to the place where the fire was?

Richards. It is better than half a mile distance.

Prisoner's defence.

I was with my boat below bridge, I happened to see this fire, there were two chairs a floating, a young gentleman desired me to hand them out of the water, I did, presently I saw three more, he desired me to take them up too, I thought they might be his chairs; after that I could not find him, so I brought them to Mr. Richards's house, because the house was all of a hurly-burly, I had not a pipe of tobacco for taking them up.

For the prisoner.

William Gurney . I am engineer to the Hand-in-Hand fire-office, I have known the prisoner about twenty five years, he has behaved very well.

Q. How has he behaved of late ?

Gurney, I never heard that he robbed any body of the value of a six-pence, he has been at fires with me divers times and always behaved well.

Q. Was he employed at this fire can you tell?

Gurney. No he was not, I am lame and could not attend it.

Mr. Higgins. I heard the prisoner demand the chairs of Richmond before he went to justice Clark, he told Richmond he would carry them to the place where he took them up that they might be given to the right owner.

Q. Did he say whose chairs they were?

Higgins. No he did not, and I think he never knew whose chairs they were.

Acquitted .

326. (L.) James Perciful and Anne Petty , otherwise Pettit , widow , were indicted, the first for stealing three hundred lemons, value 45 s. the property of John Stevenson , and the other for receiving the same, well knowing them to have been stolen , Dec. 23 .*

John Stevenson. The boy at the bar is apprentice to Mr. Ives, at the Cooper's-arms alehouse in Botolph-lane, who has part, and I part of a cellar, with a wooden partition between; on the 18th of Sept. last at night, I went into my cellar to look upon a chest of lemons, which I designed for market on the morrow, being Tuesday; I found some lemons had been taken out; the next morning I told my opposite neighbour of it, he and I went and look'd round the cellar, and in the partition there was a place where we judg'd some body might come through, he persuaded me to sit up and watch; I did till half an hour after eleven, but no body came; then I went down into the cellar, and nailed up the chest; my wife was with me, we looked through the place, and under every but were many of our lemon papers.

Q. What are they?

Stevenson. Every lemon is wrap'd up in paper; there we saw abundance of them; then I went and told another of my neighbours of it, and we sat up till between twelve and one o'clock, but no body came. On the Saturday morning I sent for Mr. Ives, and told him of the affair; he no sooner heard of the thing, but said he believed it to be his boy. I went with him into the cellar, and looked under every butt, and found as many as my hat would hold. We charged the boy with taking my lemons, he at first denied it, but at last owned it, and told me the woman at the bar was the receiver of them; he said he was in my cellar on the Saturday at seven in the morning, and that he took some then, and that he had practised it five, and the woman had received them of him for four months. I took up the woman, and she confessed she did receive the lemons of him before Mr. Alderman Stevenson, in my hearing, and that she had of him twenty six lemons the Saturday morning before.

Q. What did she say she gave him for them?

Stevenson. She said she gave him two shillings for them, and Mr. Alderman Stevenson said he knew them lemons were worth four or five shillings, and so they were, and in two or three days time they would have been worth seven or eight shillings.

Petty. The boy told me they were given him by a young woman that worked in Botolph lane.

Q. Did she in her confession say the boy told her this?

Stevenson. I cannot take upon me to say she did make that excuse then, she owned she had received lemons of the boy at divers times for four months past.

Peter Ives . I heard the boy confess he had stole lemons from Mr. Stevenson at divers times.

Q. How long have you known the woman?

Ives. I have known her for two or three months, she used to make an excuse to my wife, that she and her children were in the Work-house, and desired the favour of her to let her leave her basket in the cellar, and she used to come in the morning before I was up, and take it away. I heard the boy confess the same, and that she then used to carry away the lemons.

Q. Did she confess she took the lemons away?

Ives. I did not hear her say any thing.

Samuel Holsey . Mr. Stevenson having missed lemons from time to time, he came and told me of it on the 19th of September, and desired I would go over to his cellar and look on the chests; I did, and found there were a great many lemons gone, they all appearing to be found, we concluded they must have been taken out; we looked at the partition with the candle, there was a hole that a man might get through; the edge of it look'd quite bright, as if rubbed by often going through; we concluded that must be the way they went; he said he was sure his servants were honest; I advised him to say nothing about it, but watch for several nights, he did, but could not catch any body: then he desired me and Mr. Hill to go to his house, and he sent for Mr. Ives; when he came and was informed of it, he had a suspicion of his boy and the prisoner, and said also he remembered the woman at the bar coming and leaving her basket in his cellar; the boy was taken up, and at first he denied it, but at last he confessed, that on that morning, which was a Saturday, he got thirty lemons, and was to have half a crown of the woman for them. When the woman was taken up, I heard her confess she received twenty six of the boy, and gave him two shillings for them.

Q. Did she confess she had received any more of the boy?

Holsey. She confessed she had received lemons of him several times.

Mr. Hill. On the Wednesday morning I was with Mr. Stevenson, watching to see who came into the cellar.

Q. Do you know any thing of the boy's confession?

Hill. I heard him confess he stole thirty lemons, and sold them to the woman at the bar for half a crown. When the woman was taken up, she confessed before Mr. Alderman Stevenson, she received twenty six of the boy, and gave him two shillings for them. The boy also confessed he had done it for five or six months, and she said she had received lemons of him several times.

Perciful said nothing in his defence.

Q. to Ives. How old is the boy?

Ives. I believe he is between thirteen and fourteen years of age.

Q. How has he behaved with you?

Ives. He has behaved tolerable well, I cannot say that I ever catched him pilfering from me; he is a weak boy as to understanding.

Petty's defence.

I bought twenty six lemons of the boy, and gave him two shillings for them.

Paul Almond . I saw the prisoner at the bar go cross my kitchen, and take the silver cream pot from off a table, (producing one) this is it.

Q. Was she your servant?

Almond. No, she was not.

Q. Did you know her before?

Almond. No, I did not, I ran after her, and laid hold of her, just as she was going out at the door, and took it from her.

St. John Borrow. I am constable, I was sent for to take the prisoner into custody, she confessed she had taken the cream pot, and desired we would let her go.

Prisoner's defence.

I had been out with a friend about a little business, she made me welcome, because she had heard good news concerning her son, who is abroad. I was coming home, and found the liquor had turned my head; I sat down at this gentleman's door, there I saw the water running from a cock, I thought if I drank a little it would do me good, so I went into the house for something to drink in, and the gentleman accused me with this milk-pot.

Guilty .

[Transportation.]

328. (L.) Edward Thackerill was indicted for stealing one hundred weight of tea, value 30 l. the property of John Walker , in the dwelling-house of the said John , Sept. 20 . ++

John Walker . I deal in the tea-trade , and live in Friday-street, the prisoner was my porter , and also did business in my shop in selling of tea.

Q. What do you charge him with?

Walker. With stealing a hundred weight of tea.

Q. What reason have you for so charging him?

Walker. When the officer came to take stock, the prisoner, in order to make it answer to the exciseman's books, put weights into the canisters, to supply the weight he had taken away.

Q. How do you know this?

Walker. I know it by his own confession, I took stock along with the officer, the first time of weighing it, it weighed six hundred and eighteen pound and three quarters. This was in the morning, and after breakfast, finding a canister wanted eight pounds of what it had weighed before, I ordered it all to be weighed over again, and then it weighed no more than four hundred and sixty five pounds; all this was before the exciseman was gone out of the shop.

Q. Was this tea under the prisoner's care ?

Walker. It was, I sent him after this to fetch a chest of tea home, he went away and did not return; I sent a letter to him at Edmonton, his wife came to me to enquire what the matter was. I told her I had some suspicion her husband had robbed me, and desired her to go home and bring him to town; he came, then I desired to know of him how he came, to rob me, and to tell me the truth, saying he could have no opportunity of taking away any between the two times the tea was weighed; then he told me he had put weights into the canisters to make it answer to the exciseman's books, and that he had taken them out again before the second time of weighing it. I desired to know what he had done with it; he told me he had sold it at several times to such and such people, half a pound, and a pound at a time, for six-pence or a shilling. I asked him how long he had gone on in this way, he said he had practised it ever since the year fifty one or fifty two, and that every time the officer came to weigh, he kept putting in weights till it amounted to an hundred weight and odd.

Q. How came you to send him for tea after you missed such a quantity ?

Walker. I knew he could not open that chest in the street, and if he ran away, I knew where to find him. I took him before my Lord Mayor, I told the same there as here.

Q. What is the value of the tea you charge him with?

Walker. I have put it at the lowest value in the indictment.

Prisoner's defence.

My master promised me very faithfully, if I would tell him who I sold it to, he would forgive me every thing, and I did tell him who I sold it to, and the peoples names.

Guilty , Death .

329. (M.) William Richardson , was indicted for stealing one peruke, value 12 s. one silver stock buckle, value 2 s. one stock, value 6 d. and one book of Common Prayer, value 2 s. the property of Daniel Bunning . October 16 .*

Daniel Bunning. When I took my room of my landlord I was to lie alone, and none to lie with me without my consent; after that my landlord took in the prisoner, and said he knew him to be a very honest man, so I let him lie with me; when he and the things were missing then my landlord said he did not know any thing of him, although before he said he was his acquaintance; I found the prisoner two or three weeks after, and before justice Welch he confessed he had taken my things.

Q. What things?

Bunning. A peruke, a silver stock buckle, a stock, and Common Prayer book.

Q. Did he say what he had done with them?

Bunning. He did.

Q. What is the value of them?

Bunning. They are worth sixteen shillings and six-pence, which is what they are laid at in the indictment.

Hugh Lawrence . The prisoner brought a stock buckle to pawn and my master took it in, (he produced one,) I can't swear that he brought it to my master.

Sarah More. On the 6th of June I had ordered the prisoner at the bar to fetch my box from the waggon with the things mentioned in the indictment in it; ( naming them,) I gave him a shilling for fetching them, and when I went to his house for them the box was broke open and the things mentioned were taken out.

Prisoner. She ordered me to bring the things to my own apartment.

S. More. I told him in case it was too late at night when he returned he might keep them at his house till morning.

Q. Did he bring them to your house?

S. More. He did not, so I went to his house the next morning, there I found my box uncorded and the lid broke open.

Q. Was it locked before?

S. More. It was, and I had the key in my pocket.

Q. Was the prisoner at home?

S. More. No, I saw a little girl first, then his wife came in.

Q. How was it broke?

S. More. The lock was not broke, but the hinges were.

Cross examination.

Q. How long after this was it that you took out a warrant against the prisoner?

S. More. It was about a month after.

Q. What was the reason you did not take it before?

S. More. I was ill and could not.

Q. Was it upon the account of your illness that you did not?

S. More. It really was.

Q. When did you take the prisoner up?

S. More. I took him up on the first of July, I waited for the waggoner coming up.

Q. Did you charge the prisoner with this fact at taking him up?

S. More. I did, and said if he would bring me my things that were missing nothing should come on it.

Q. Do you know Mr. Wade ?

S. More. I do, he is one of the prisoner's bondsmen, they came and offered me the money for the things after the bill was preferred.

Q. Who came with him?

S. More. Mr. Banister did.

Q. Was you with the prisoner before the justice?

S. More. I was.

Q. What was said there?

S. More. The prisoner said he would die before he would confess, and he would never pay me for them neither.

Mary More . I am mother to the prosecutrix, I saw her put all the things into the box, and after that I corded it fast and safe and sent it by the carrier.

Q. Were the things she mentioned in the box ?

M. More. They were.

Q. From whence did you send them?

M. More. From out of Staffordshire: I had been not well and her master gave her leave to come down to see me.

John Waley . I am the person that drove the waggon, I delivered the box to the prisoner at the bar in the same condition as I received it in the country, it was fastened tight with a cord.

Prisoner's defence.

As I received it of the waggoner so I delivered it.

Q. to Waley. Are you sure you delivered it corded to the prisoner?

Waley. I am sure I delivered it locked and corded fast to him.

Prisoner. It was about nine at night when I received it, and she was in bed when I brought it, and would not come down, so I took it home.

For the prisoner.

Burk Wade. The young woman seemed inclinable to make it up; the justice said there is no evidence to convict the prisoner, and I believe I shall discharge him on the Wednesday, we went away, then I asked her how she could swear against the man, she said she would not swear for the world that he had her things.

Q. What concern had you in it?

Wade. I am a neighbour, and have known the prisoner between four and five years.

Q. What is he?

Wade. He is a labourer belonging to the water works at Chelsea .

Q. What is his general character?

Wade. He has an exceeding good character, we thought him an honest man, and I am one of his bail.

Q. to prosecutrix. Was the box empty when you found it?

Prosecutor. No it was not, there were other things in it.

Q. Were there no more in value left, than there were missing?

Prosecutrix. There were.

Q. Were there more in weight left, than taken away ?

Prosecutrix. There were.

Q. Are you sure you locked the box ?

Prosecutrix. I did, before I came from my mother's house, and my mother corded it, and there was not a bit of cord upon it at the prisoner's house,

Q. Did you know the prisoner before?

Prosecutrix. I did, and thought him an honest man or I had not sent him for my box.

Q. What induced you to think he took them out?

Prosecutrix. The waggoner told me he delivered the box out of the waggon to him safe.

Q. Did you search the prisoner's house?

Prosecutrix. No I did not, they told me I could not take a search warrant out for them.

Q. Describe the condition the box was in when you first saw it at the prisoner's.

Prosecutrix. It was broke in several places on the top and sides, I have not had it mended, it is in the same condition now.

Q. to Waley. How long was the waggon coming to London?

Waley. It was five days.

Q. Was the box in the waggon all the time?

Waley. It was.

Q. Could any body come at it in the waggon?

Waley. No they could not without removing other things.

Q. Can you swear that at the time it was delivered to the prisoner, that the hinges and lock were as safe as when delivered to you?

Waley. It was all the very same, locked and corded fast and the things safe.

Q. Are you sure of it?

Waley. I am quite sure, I delivered it to him with my own hands.

Q. How long after you received the box of the prosecutrix's mother before you put it into the waggon?

Waley. I put it in directly as I received it.

Q. Did it stay in the yard any time?

Waley. No it did not.

Q. How long did the waggon stay at London before you took the box out?

Waley. I believe the waggon stood in the inn-yard with it in about two hours; the waggon was not unloaded till the next morning, there was only the box taken out, which I delivered to the prisoner with my own hands.

Joseph Banister . I have known the prisoner about eight years.

Q. What is his general character?

Banister. I believe he is as honest a labouring man as any in the kingdom, he was always willing to oblige any man, I never heard any thing amiss of him in my life.

Mr. Brent. I have known him ever since September 1756.

Q. What is his general character?

Brent, I never knew any other than that of a very honest industrious man; I belong to the water works, I know nothing of his general character, only of his behaviour with us, I pay him his wages, I never heard of any dishonesty by him.

Thomas Clark . I have worked with the prisoner two years and a half.

Q. How long have you known him?

Clark. I have known him five years.

Q. What is his character?

Clark. I never knew any thing of him but that of an honest man, he earns twelve shillings a week, and that is very good bread, I am frequently with him.

Mr. Carey. I have known him two years and a half.

Q. What is his general character?

Carey. It is as good as most mens, I never heard any ill of him in my life, he is an honest pains taking man.

Richard Beech , I have known him upwards of two years, he is a very honest pains taking man.

Q. from prisoner to Waley. Were there not passengers in your waggon when you came to town?

Waley. There were two, but they were very sufficient people.

Guilty .

[Transportation.]

331. (M.) Charles Steward , was indicted for that he together with John Philmey , Arthur Hart , and Thomas Matthews not yet taken, did steal twenty five linen caps, six linen handkerchiefs, eight linen aprons, three pair of ruffles, one pair of shoes, one trunk covered with leather, a small parcel of thread, two dimity petticoats, one sattin hat, one ganse stomacher, one pair of silk mittens, one pair of gold earnings, one pair of stays, one stuff petticoat, one other stuff petticoat, one camblet gown, one lawn gown, one linen bed gown, one neckcloth, one bible, one other trunk covered with leather , the property of Elizabeth Craggs , Oct. 6 . ++

Elizabeth Craggs . I was talking to a young woman just by the Change telling her I should be glad to serve some lady that was going abroad, I saw a man, I asked him if he knew of any lady going abroad that wanted a servant, he said yes, and if I would meet him at the sign of Jacob's-well at five in the evening, he would give me a farther account about it; I went, he was not there, in about a quarter of an hour I had word two gentlemen wanted to speak with me; I went to the place directed, there was the prisoner, he went by the title of captain, and one Arthur Hart ; the captain got up and said he was bound to the West Indies, and that John Philmey directed him to me, he told me if I was not engaged, he would carry me to esquire Matthews's family who were to go over with him; he took me to Drury-lane and left me at a house and went out, and came back and said, he had seen the esquire but not the lady, and that the esquire could not tell whether his lady was provided with a servant or not, and that if I would come at seven in the morning, I should hear further of it, I went by seven and the mate went with me.

Q. Where did you meet the mate?

Craggs. At the Bolt and Tun inn in Fleet-street; then the prisoner told me he had seen esquire Matthews's lady, and she was not provided, and she would have me, and I wa s to be on board on Friday in the evening, and he would go along with me to my lodgings for my things; I told him where my lodgings were, we went into an ale house, and into a little room, and called for a pint of purl, then came in Matthews and pretended to be one of the captain's seamen, there was also Arthur Hart; I delivered my cloaths and things mentioned in the indictment to Arthur Hart .

Q. How came you to deliver them to Arthur Hart ?

Craggs. They were all together, and the prisoner ordered me to deliver them to him, and he took them, and delivered them to Matthews upon his back; the prisoner gave Matthews directions to carry them to the mate's lodgings.

Q. Who was the mate?

Craggs. Arthur Hart went for the mate of the ship.

This appearing to be a fraud, and not a felony, he was Acquitted, and the prosecutrix bound over to prosecute him for the fraud . See him tried before for defrauding a person out of a horse. No. 276. in the mayoralty of Mr. Alderman Dickinson.

332. (L.) Edmond Barretts , was indicted for unlawfully obtaining from Joseph Slayter and William Shephard , one half hundred weight of iron, value 5 s. their property, with intent to cheat and defraud them of it . Oct. 18 . ++

Roger Mascall . On the 18th of this instant, the prisoner came to Slayter's and Shephard's in Newgate street where I am servant, betwixt eight and nine o'clock to borrow a half hundred weight in Mr. Barnsley's name.

Q. Where does Mr. Barnsley live?

Mascall. He lives in Newgate street; I went to the counting house and asked my master if I should lend him one, he said yes by all means; I lent him one, he carried it away, he crossed the way to Mr. Barnsley's but did not go in, but kept going on towards Newgate, I went and overtook him and took it away from him, and brought it back on my shoulder, and he walked away, then I was advised to go and secure the man, which I did; I took him to Mr. Barnsley's and asked him if he sent him, he said he did not, but he had been at his house to borrow one but a little before, I found afterwards that he had been also to two or three places on the same errand.

Q. Where is Mr. Barnsley? is he here?

Mascall. He is a Quaker and will not swear.

Prisoner's defence.

I was at work in Pater-noster-row, my master used to deal with Mr. Barnsley, and since I have been out of my time I have bought things of him; being a little acquainted there, I went to desire him to lend me such a thing, he said he could not; I desired to know whether he could recommend me where to borrow one, he said he could not, except I could get it at a cheesemonger's or a grocer's; then I went over to the gentleman's, and said I came from Mr. Barnsley's and begged for a half hundred weight, he made no dispute at all but went to his master and brought one out; I was going up Warwick-lane, and the young man came to me and said his master would not lend any weight out of the house, I said then there it is, and gave it to him again; after that he came and said, young man you must go along with me, so I went readily; if the court pleases, I would have Mr. Barnsley's maid called.

Mary Smith . I am servant to Mr. Barnsley, there was a man came and knocked at the door, and my master went to him, he asked him if he would lend him a half hundred weight, my master said he had never a one to lend, if he had one perhaps he might lend it him, but he did not know him.

Prisoner. My friends live at some distance, and this being the first thing, I did not think needful to trouble them.

Guilty .

There was another indictment against him for an offence of the same sort.

Thomas Chidley . I keep a broker's shop in the Fleet-market , I was in the counting house in my shop; I saw the prisoner come into the shop and take up a tea kettle and put it under his coat; I followed him out, he dropped it and ran away; I pursued him and he was soon taken. (The tea kettle produced,) This is it, my property; he said it was his first fact, upon which I was much inclined to have let him gone about his business.

Prisoner's defence.

I was in liquor, or I had not done it in the middle of the day to be sure.

Guilty .

See him tried. No. 170, in the mayoralty of Mr. Alderman Dickinson, for stealing a coat from a sale shop in High Holborn, for which crime he was branded.

[Transportation.]

334. (L.) Henry Pinnock , was indicted for stealing one watch, with the inside case silver and the outside shagreen, value 4 l. the property of William Addis , Sept. 26 . ++

A witness. I am a watchmaker and work with Mr. William Addis , the prisoner was our errand man ; I was at breakfast and saw him very busy near the watches, I gave charge to the boy to see if he missed any, the boy looked in the book and missed a watch.

Q. Where was the prisoner then?

Answer. He was gone out, I had sent him of an errand.

Q. What book is that?

Answer. We set all the watches down as they come in to be mended, and scratch them out as they go out again; I went after the prisoner through Bishopsgate, and turning down old Bedlam I saw him come out of a watch-maker's shop, I called to him, and then accused him with taking a watch, he soon owned he had stole it, and that he had sold it in that shop; I took him with me, and went in and there found it; he had sold it for 27 s. he returned the money and I took the watch.

Q. How long had the prisoner been with your master?

Answer. He had been with us a month the very day that he committed the crime.

Prisoner's defence.

I own myself to be in a fault, I had the foul disease four years ago, and I am so bad that I can hardly crawl along.

Elizabeth Perry . I took in the prisoner in order to keep her from starving in the streets. I missed a camblet gown about six weeks ago, I charged her with taking of it, she owned she had taken it, and pawned it to Mr. Trippet a pawnbroker.

Mr. Trippet. I am a pawnbroker, (he produced a camblet gown) this I had of the prisoner at the bar.

Q. What did you lend her upon it?

Trippet. I lent her half a guinea upon it.

Prisoner's defence.

The prosecutrix gave me leave to carry the gown to pawn.

Q. to prosecutrix. Did you give the prisoner leave to carry the gown to pawn?

Prosecutrix. She never asked me to lend her sixpence, or for the gown, neither did she pawn it by my direction.

Isaac Coulston . I live in Queen-street, Lincoln's-inn-fields , I lost a mahogany tea chest and canisters.

Q. From where?

Coulston. They were taken from out of a room up one pair of stairs; I went into the city of an errand, I came home about a quarter of an hour after nine o'clock; after which my wife was going up stairs for something she wanted, and found the chamber door come to her; she came and told me there were rogues in the house. I went up, and the prisoner was then coming down stairs. I took hold of him, he directly said, do not hurt me, and I will tell you the truth; I have carried away a looking-glass and tea-chest, and have removed the china up two pair of stairs, and that this was the second time of his coming into my house.

Q. Did he say where he had carried the things?

Coulston. He said he had given them to Tom Walker , a hackney coachman.

Q. Did you ever get them again?

Coulston. No, we never did.

John Horniblow . I heard the prisoner confess he took the tea-chest and looking-glass to a man at the door, and he said if I went to the door and called Tom, he would bring them back again. I went to the door and called Tom, but no man came. He was committed, and the prosecutor never heard of his things again.

The prisoner said nothing in his defence.

For the prisoner.

John Bickley . I have known the prisoner about eight years, he was a very honest lad all his apprenticeship.

Q. What was he apprentice to?

Bickley. He was apprentice to a chaser.

Robert Lloyd . I have known him about eight years, he has done work for me.

Thomas Cray . I live at Dover; I was at the prisoner's house on the 14th of October, between eleven and twelve o'clock at night.

Q. Where is her house?

Cray. It is in Rosemary-lane .

Q. Did you lie there?

Cray. I was upon the bed with her.

Q. What do you charge her with?

Cray. I lost a purse and eleven guineas in it.

Q. From where was it taken?

Cray. From out of my right hand breeches pocket.

Q. Did you feel her take it?

Cray. I felt her take it; I jumped out of bed after her, and before I could get down stairs, the other woman that was with her, that shewed me the way to the house, was gone away, then I could not get a constable, so the prisoner and I went both of us to the Watch-house together, and staid there till the morning.

Q. Was she searched there?

Cray. No, she was not, I could not search her.

Q. Was the other woman upon the bed with you?

Cray. No, she was not, I never kissed her hand nor lips, I did kiss this woman.

Q. Was your breeches on or off?

Cray. They were on, but they were down.

Q. Did you see her take it?

Cray. No, I did not, but I felt the purse go out.

Q. Did it walk out, or did she take it out?

Cray. There was no body near but the prisoner.

Q. Why did not you lay hold of her?

Cray. She was too nimble for me.

Q. Did you ever see your money in the prisoner's custody afterwards?

Cray. No, I never did.

Q. Did you ever see your purse or money again?

Cray. No.

Q. Did the prisoner confess any thing?

Cray. No.

The prosecutor then laid before the court a detail of his giving the prisoner six-pence to purchase a couple of birch rods, and the purposes for which they were bought, which rods the prisoner produced in court; but as this history is of too indelicate a nature to be laid before the publick in general, we chuse to draw a veil over it. The jury acquitted the prisoner, and desired, that as the rods were proved to be the property of the prosecutor, that they might be delivered to him, which was accordingly done.

339. (M.) Thomas Hill and William Sadler , were indicted, the first for stealing nine bolts of oster rods, value 9 s. the property of Samuel Prior , and the other for receiving the same well knowing them to have been stolen , September 16 . +

Samuel Prior . I was in Holland doing business when I was robbed, but can't charge any body; Thomas Hill was my servant .

John Colebock . Thomas Hill sold four bolts of rods to William Sadler , and he took the money for them.

Q. Where had Hill the rods?

Colebock. I do not know that, nor when he had them.

Q. Did you hear him say where he had them?

Colebock. No, I suppose he had them out of Mr. Prior's yard, but he did not tell me so.

Q. Was he employed to sell rods for Mr. Prior?

Colebock. He was Mr. Prior's servant, and employed to sell rods for him.

Q. Did he sell them publickly?

Colebock. He did publickly and openly.

George Wheatly . These four bundles of rods were bought by Mr. Sadler of Tom Hill, he gave 3 s. for them, they were four bundles of ragged, which was according to the common price? Tom Hill said he had an order of Mr. Prior to sell them.

Q. Did he use to sell goods for Mr. Prior?

Wheatly. He did.

Prosecutor. I never trusted Hill to sell the value of one rod, and Sadler knew that.

Both acquitted .

340. John Cudd , was indicted for that he on the king's highway on Christian Valross , did make an assault, putting him in corporal fear and danger of his life, one silver watch, three guineas, one half guinea, and 7 s. in money numbered , the property of the said Christian Valross , Sept. 15 .

The prosecutor did not appear.

Acquitted .

341. (M.) Anne wife of John Hilton , was indicted for stealing one pair of stuff shoes, value 3 s. one guinea, and 42 s. in money numbered the property of Mary Hewitt , spinster ; two shirts, two pair of stockings, two linnen handkerchiefs, the property of John Radshaw , in the dwelling house of John Stevens , Sept. 23 . ||

Mary Hewett . I came from Pomfret in Yorkshire, I came acquainted with the prisoner at the bar, there was a box which belonged to John Radshaw , which by the advice of the prisoner was left with my things mentioned in the indictment, at the house of John Stevens where the prisoner lodged, the box was left corded, but when I went for my things all my money and things were gone, we took the prisoner before justice Fielding, and found my shoes on her feet.

Henry Addison . I know no farther than that the prosecutrix's shoes were found on the prisoner's feet, and I found a key upon her which opened the prosecutrix's box.

Prisoner's defence.

The prosecutrix had lost her directions, she was in great distress, and asked me to let her come to our house, and desired that I would shew her to my sister's, she opened the window and saw me go over the way for a quarter of a pound of butter, and when I came back, she said I had stole her goods; the shoes are none of her's, though she swears to them, they are my own.

For the prisoner.

Robert Hilton . A warrant was brought to take up the prisoner, granted by justice Fielding, I searched both boxes, and found nothing that the prosecutrix found to be her's; I found 1 l. 14 s. 6 d. in money in the prisoner's pocket, which I have now. (Produced in court.) We searched every place and could find nothing; as to the shoes the first time the prosecutrix saw them, she said they were not her's, the next time she, said they were.

Q. When did you find the shoes?

Robert Hilton . I found them on the prisoner's feet, on Monday the 25th of September, she pulled them off the Thursday following. (The shoes produced in court.)

William Saunders . I have known the prisoner half a year.

Q. What are you?

Saunders. I am a shoe-maker, I heel-pieced a pair of black shoes for the prisoner at the bar, (he takes the shoes in his hand,) I cannot take upon me to say these are the same, they are very much like them.

Q. When did you heel-piece them?

Saunders. I believe it was about nine days before she was taken up, she was to give me a penny for doing two or three stitches on one of them, but she never did; seeming to me those are the same sort of stuff that they were made of.

Q. Cannot you swear to your own work?

Saunders. I cannot.

Thomas Adkins . The prisoner at the bar lived with me almost a year and a half.

Q. How long ago?

Adkins. About seven years ago.

Q. How did she behave then?

Adkins. She behaved very well, I trusted her in all shapes, in regard to house-keeping, she had money of me to lay out; and when my wife lay in, she had the care of all the linnen, and gave a just and true account; I have a very great regard for her; I could not think she would be guilty of such a thing that is laid to her charge.

Anne More . I have known the prisoner about seven years.

Q. What is her general character?

A. More. I never knew any ill of her.

Q. Is she married, or a single woman?

A. More. She has been married since she left Mr. Adkins's.

Mary Wright . The prisoner and I were neighbour's children together, I have known her from four years old.

Q. What is her character?

M. Wright. A very good character, I never heard of a blemish in her character, nor none of her family.

John More . I have known the prisoner fifteen years.

Q. What is her character?

J. More. She bore a very honest character as far as ever I heard before this, as for the money found in her pocket, my wife lent it her.

Q. How much did your wife lend her?

J. More. I know she lent her between thirty and forty shillings.

Q. When?

J. More. About a fortnight before the thing happened.

Q. What for?

J. More. To buy houshold goods: she has been at my house when there has been 2 or 3 guineas in a drawer loose, and my watch hanging up by the chimney, we never missed any thing.

Jane Williams . My husband's name is Thomas, I took in this woman at the bar out of charity, I was very ill in bed and sent her for my linen, she took my cloak and bonnet and went away with them, and the linen.

Q. What linen?

J. Williams. Two shirts and a neckcloth.

Q. Where did you send her?

J. Williams. To the people whom I wash for.

Q. Did you see her take your apron and bonnet?

J. Williams. I did, she took my apron from off a chair by my bed side as I lay on the bed, I took her before the sitting alderman yesterday, and he ordered me to take my bonnet from off her head, which I did.

Q. Where did she take the bonnet from?

J. Williams. That was taken from off a nail by my cloak.

Q. Did you ever get your linen again?

J. Williams. A pawnbroker has got one of my shirts, but he will not deliver it without an order of court.

Q. What is his name?

J. Williams. I do not know.

Q. Where does he live?

J. Williams. He lives by the Cock alehouse in the corner near Ludgate-hill.

Q. Did the prisoner own she pawned it there?

J. Williams. She did.

Q. Did you ever see your cloak and apron since?

J. Williams. No, she has sold them.

William Lamb . I live in Great Sheer-lane, the prosecutrix washed for me; she had called on me and said she should send the prisoner to Chancery-lane, to one Mr. Grace for his linnen, and then she should call upon me; accordingly the prisoner came, I let her have one soul shirt and a neckcloth to carry to the prosecutrix's to wash. The maid of the house gave them her in my sight, at the same time the prisoner said, she had got Mr. Grace's shirt in her apron.

Mary Malone . I saw the prisoner take the bonnet, cloak, and apron out of the room, and never ask for them; she never brought them back, and Mrs. Williams never saw her till yesterday.

Q. Did you bid her not take them at that time?

M. Malone. No, I did not, I thought she was too honest to keep them, she did not return with them again.

Prisoner's defence.

She bid me take them and put them on; I belong to St. Michael's Wood-street, and the churchwardens have given her a crown to prosecute me, because I am troublesome to the parish.

Q. to prosecutrix. Had you any conversation with the church-wardens of St. Michael's Wood-street, about the prisoner?

Prosecutrix. No, I never had.

Q. Did you ever hear she was troublesome to that parish?

Prosecutrix. I know she has a sore leg, a very bad one.

Q. When did you see any of the churchwardens?

Prosecutrix. Yesterday, but he did not say any thing to me.

Q. Was you ever desired to prosecute the prisoner at the bar?

Prosecutrix. No.

Q. Did you ever receive any money of any one to prosecute her?

Prosecutrix. No, I never did, nor the value of a pint of small beer.

Q. Nor no promise?

Prosecutrix. No.

Q. Did you ever hear that she was likely to become troublesome to the parish?

Prosecutrix. No, I never did.

Q. Did you lend her the cloak, apron, and hat?

Prosecutrix. No, I did not, I only bid her go for the things.

Q. Did you ever lend her them?

Prosecutrix. I have lent them to her, but not then at that present time.

Acquitted .

343. (M.) Robert Nolan was indicted, for that he, with a certain pistol, loaded with gunpowder, and two leaden slugs, which he had, and held in his right hand, did shoot off, at the person of Gustavus Forshohm , in the king's highway, against the form of the statute, &c. Sept. 23 .

Gustavus Forshohm. On the 23d of September, between the hours of eight and nine in the evening, I was going over Hanover-square, and in a short street, going into Oxford-road, four men came and took hold of my coat, and stopped me, and demanded my money; there was a lamp at the corner just near me; I said gentlemen come to the light, let me look at you, I thought they had been some of my acquaintance; they said they came to rob and murder me; I said I had no money, and bid them go about their business; one of them cried out shoot him; then one of them put a pistol to the side of my head, and shot me; after that I saw another pistol flash in the pan, but it did not go off. I cried Murder! stop thief! They ran away, but in about three minutes time William Dawson was taken.

Q. Why do you charge the prisoner?

Forshohm. He was one of the four, he was at my left hand behind Dawson, who had hold of me, the other two were on the other side of me. (He shewed a wound on his left cheek bone.) Three weeks after the surgeon took out a slug from the wound, (producing one.)

Q. Can you tell which shot off the pistol?

Forshohm. I then thought it to be Dawson, but he says it was the prisoner that stood behind him, and fired it over his shoulder. For my part I am not positive which did it, but it was one of the two.

Q. from prisoner. Did you ever see me before?

Forshohm. No, never before that night to my knowledge.

Cross examination.

Q. Do you know from your own knowledge who shot off the pistol?

Forshohm. No, I do not.

Q. Are you certain the prisoner was one of the four?

Forshohm. I am. At first I had two men brought to me; I said they were none of them, then they brought the prisoner; I said he is one of them, I am certain to him and Dawson.

Q. If you had met the prisoner in the street, should you have known him?

Forshohm. I should.

Q. Did you not charge Dawson before the justice with firing off the pistol at you?

Forshohm. I did, I thought it had been he, he being close to me.

Q. Did you never declare that the prisoner was not there?

Forshohm. No, never; I said he was there close behind Dawson.

Q. Do you know he was behind Dawson from your own knowledge, or from what Dawson has said?

Forshohm. I know it from my own knowledge.

Q. Can you tell the exact time of the night that this happened?

Forshohm. It was just wanting a quarter of an hour of nine.

Q. Was it light enough to see their faces?

Forshohm. It was not very dark, but there was a lamp at the corner within two yards of us.

Q. How near was the prisoner to you?

Forshohm. Dawson was close to me, and had hold of me, and the prisoner close to Dawson, within a yard and a half of me.

Q. Who spoke to you first?

Forshohm. They all spoke to me.

Q. What cloaths had the prisoner on?

Forshohm. He had blue cloaths on.

Q. Had he a hat on?

Forshohm. He had.

Q. Could you distinguish his face with his hat on?

Forshohm. I could plain, by the light of the lamp, and the flash in the pan; I looked at sharp at them as I could, to know them again, to have them taken.

Q. Did you see them all four?

Forshohm. I did, before I was shot at, the other two are not taken.

William Dawson . That evening that the prosecutor speaks of, we all four met at the Woolpack in Long-acre.

Court. Name the persons.

Dawson. There were Preston, Keaney, Nolan, and I, there we consulted to go a robbing; about seven in the evening we went out, and proceeded to the corner of the street which the prosecutor mentioned, and stopped him, and demanded his money, he made some small resistance, and a noise, but did not speak a word to be understood. [The prosecutor is a foreigner, and did not speak very plain English.] Immediately Preston cried out, shoot him; then the prisoner put the pistol over my shoulder, and fired at the prosecutor. We all dispersed immediately.

Q. Was there a second pistol fired?

Dawson. Not as I know of; as I was running, a chairman lay down, and I fell over him, and he and his companion secured me, and a great number of people came round me.

Q. When was the prisoner taken?

Dawson. He was taken the next evening, as I was informed, but I was then in prison.

Prisoner. The first commencement of Dawson's and my acquaintance was on board the Antigallican privateer, commanded by capt. Foster.

Dawson. The prisoner had this coat of mine on at the time we stopped the prosecutor; (it was as the prosecutor said, a blue coat.) I put on another coat, which he left on the bed.

Q. from prisoner. Did I know for what intent you put it on?

Dawson. Yes, as well as I did.

Cross examination.

Q. Did you shoot at the prosecutor?

Dawson. No, I never did, it never was my intention to shoot at any man.

N. B. The second part of these proceedings will be published in a few days.

As a few of the first sheets were printed off before we saw our mistake, the reader is desired to correct the Judges names, page 2, for Mr. Baron LEGGE , read Sir EDWARD CLIVE , Knt.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 25th, and Thursday the 26th, of OCTOBER.

In the Thirty-second Year of his MAJESTY'S Reign. NUMBER VIII. PART II. for the YEAR 1758. Being the Eighth SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE Sir CHARLES ASGILL , Knt. LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed and sold by M. COOPER, at the Globe, in Pater-noster Row. 1758.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, for the City of LONDON, and at the General Sessions of Gaol Delivery of Newgate, holden for the said City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.

MARY PRESTON . I am wife to Robert Preston . Dawson, Keaney, and my husband were all in our room together; Dawson put on a great coat, and they all four went out.

Q. Did they all go out together?

Preston. No, they went out two at one time, and two at another, they said they were going to a dancing; they came back again at nine o'clock all but Dawson; this was that night that Dawson was taken. They asked me if he was come home; I said I had not seen him since he went out.

John Ball . I picked up a pistol in Hanover-square, the next morning after the prosecutor was shot. (He produced a pocket pistol.) This is it, it was loaded, cock'd, and primed, when I took it up.

Adam Stowars . I was sent for to justice Fielding, to go to look at some prisoners that were in goal; there I saw and knew Dawson, because he bought a pistol of me three or four days before. (He takes the pistol in his hand.) This is the same pistol; there was another man along with him, at the time, in a fustian frock.

Q. Had you any knowledge of the prisoner?

Stowars. I never saw him till I saw him in goal.

John Lewis . I am one of the beadles of St. George's, I went in order to apprehend the prisoner, by Dawson's information, to a public-house, joining to the royal Cockpit, St. James's-park. After we had been there some little time, the prisoner came in; the maid-servant of the house, I suppose, suspecting our intent, went to push him out, and we went and laid hold of him.

Q. from prisoner. Did I make any resistance?

Lewis. He would if he could, but had not time, we put him on his back in a minute.

Prisoner's defence.

Dawson and I being on board the Antigallican privateer, and both suffered much in Spain, we had a resolution to come to England; we came in a small brig to Bristol, and he came to London before me, and he went to the West-Indies, and I never saw him till after he returned; then I met him one Sunday in the afternoon in Covent-garden, he seemed very glad to see me, we went and drank together, I said to him, as you live so far off as the other end of the town, and it is too late to go home, you are extremely welcome to take part of a bed with me; I took him home to the Cockpit alehouse, and treated him with a bottle of wine, and he called for another, and went to bed; the next morning I got up with an intent to go to work at my business, he said he should be obliged to me if I would go along with him to see some of our shipmates, and said he would lose a day or two to oblige me as far; so I went with him to see some of them, and parted with him that night between six and seven o'clock: I never saw him after till such time as I met with him at this woman's house, her name is Mary Preston ; he said they lodged together on one floor; I called there out of friendship to see him; I never saw him till a considerable time after that, having a fit of illness. When I got well again, I met him in Long-acre; he asked me where I was going, I said to look for capt. Foster about my prize money; he said I will go along with you, we went to go to the captain's house, and met him by the India-house, we talked with the captain about a quarter of an hour, and then returned home; immediately after I had parted with Dawson, I never was out of my lodgings, only when I work'd for a gentleman at Hammersmith. I have people here, that is Mr. Cranley, Sarah Holland , and Edward Macdonnock to prove I was with them that night I am charged with this offence, from seven in the evening, till better than half an hour after nine, and that I was afraid of staying there any longer, fearing I should be locked out from going into the Park.

[They were ordered to be examined separate, and Mary Preston was ordered out of court likewise, in order to her being examined afterwards.]

For the prisoner.

Edward Macdonnock . On a Saturday night Nolan came to pay me some money for keeping his child; I have it now, his wife having been in the Lying-in-hospital. That night he gave me 3 s. 6 d. towards the maintenance of it; we had some beef stakes for supper, and I parted with him about nine o'clock, to the best of my knowledge.

Q. Who else was in company with you?

Macdonnock. There was no one but himself, my wife, and I.

Q. How long had he been with you?

Macdonnock. From between six and seven o'clock.

Q. Are you sure there was no body else with you?

Macdonnock. There was no body else only a woman that was taking care of my wife, who was not well.

Q. What is that woman's name ?

Macdonnock. Her name is Sarah Holland .

Q. Where do you live?

Macdonnock. I live in Hedge-lane.

Sarah Holland . I was at the house of Mr. Macdonnock, taking care of the children, as the woman desired me to come and keep her company, and the prisoner came in; it was on a Saturday night, to the best of my knowledge, between six and seven o'clock, I went over to the dial to see what o'clock it was.

Q. What else had you besides beef stakes for supper that night?

Holland. It was dressed with onions and butter, and three pots of beer in all.

Q. Was you there all the time the prisoner was?

Holland. I was.

Q. Did you see any money paid?

Holland. He paid some money for taking care of his child, but I cannot say how much it was.

Prisoner. As I was not well, I was obliged to borrow money of my landlord that Saturday night, before I went, it was 31 s.

William Cranley . The prisoner lodged at my house about six weeks, he behaved very sober, and very honestly.

Q. from prisoner. Did I not borrow 31 s. of you on the Saturday night?

Cranley. No, it was one Friday night.

Prisoner. Was I not sick in your house?

Cranley. You was not well to be sure; there were several people came to enquire after him, Dawson, and others.

Prisoner. Give a just testimony of the time I was at home in your house.

Cranley. He was at home before the shutting up of the gate; I always shut it up at ten o'clock; I did live there then, I do not now, I left it at Michaelmas.

Q. What gate?

Cranley. The Park-gate.

Q. Where is Preston's house?

Cranley. It is in Glassenbury-court, Long-acre.

- Lewis. When I went to this man's house, and asked for the prisoner, he declared he had not lodged there for a fortnight.

Cranley. The reason that I said so was, he was afraid of being pressed, being a seaman, and his having a small family.

George Evans . I have known the prisoner four or five years.

Q. What is his employ?

Evans. He is a painter, he has worked for me a good deal, but mostly before he belonged to the Antigallican privateer.

Q. Have you been acquainted with him lately?

Evans. I have seen him go by about his business this summer.

Q. What has been his behaviour?

Evans. While he worked with me, he behaved well, I had a good opinion of him, and put some confidence in him then, he is a very industrious man, and what we call a good hand.

Q. Why do you lay an emphasis on the word then?

Evans. Because I have not seen him much since; he has worked in good families, and been respected.

Q. Had you any objection against employing him lately?

Evans. No, none at all, he is a very active fellow.

John Stanley . I am clerk to Mr. Clarke, the king's plaisterer, I have known the prisoner about a year ago last August, he did painting work for my master.

Q. What is his general character?

Stanley. A very industrious man, I never knew any harm of him.

Walter Fitzgerald . I have known him four or five years, down to the present time, he is industrious in his business, and has a good character, I never heard to the contrary.

Guilty , Death .

Edward Macdonnock and Sarah Holland , were committed to Newgate to be tried for perjury on this trial.

344. (M.) William Green , was indicted for stealing one mare of a black colour, value 6 l. the property of Richard Valentine . September 29 . ++

Richard Valentine . I lost a black mare about a month ago.

Q. Do you know who took her away?

Valentine. No, I do not.

Q. Did you ever find her again?

Valentine. I found her again at Islington, she was stopped there, and esquire Palmer sent me a letter.

Q. Why do you charge the prisoner?

Valentine. He told me he took the landstaff * off her foot, and told me where I should find it.

* A landstaff is a piece of wood, about three quarters of a yard in length fastened with a lock to the lower joint of the fore leg, to prevent the horse from rambling, &c.

Q. Did you find it?

Valentine. I went and looked as he said but could not find it.

Samuel Wright . I know the prosecutor and the mare too.

Q. Do you know who took away the mare?

Wright. No, I do not.

Q. Do you know the prisoner at the bar?

Wright. I never saw the prisoner till he was stopped with the mare at Islington.

Q. What did he say about the mare?

Wright. I was not with him then, I was about my business.

Q. Did you see him at all, after the mare was missing?

Wright. I did.

Court. Then tell the court what passed.

Wright. I asked him what he had done with the landstaff, and he told me he took it off the mare's leg and threw it into the land-surrow in the field.

Q. What did he say he did with the mare?

Wright. That was not asked him.

Q. For what purpose di d he take off the landstaff?

Wright. In order to ride her.

Q. To ride her how, or where?

Wright. I did not ask him that question.

Q. Did any body ask him in your hearing?

Wright. I do not know, not I, I asked him, how far did you come, and he said from Barton, that is about 4 miles off from us.

Q. Do you know what is become of the mare?

Wright. We had her home with us from Islington,

Q. Who was with you?

Wright. That is, Valentine and I.

Q. How did he come by her?

Wright. She was at an inn.

Q. to Valentine. Have you got your mare again?

Valentine. I have.

Q. How came you by her?

Valentine. She was taken up at the Angel and Crown at Islington.

Q. Who took her up?

Valentine. I cannot give much account of that neither; this man knows all about it. [Pointing to William Parsons .]

William Parsons . I am a constable; I was sent for to take charge of the prisoner at the bar to the Angel and Crown at Islington.

Q. Who sent for you?

Parsons. Mr. Waters and Mr. Marston, the prisoner was coming on the mare's back to Smithfield, they asked the price of her.

Q. What colour was the mare?

Parsons. She is a black one, I went with the prisoner before esquire Palmer, there he confessed he had taken her out of Bedfordshire, from a place called Bedford Houghton.

Q. to prosecutor. Where did you lose your mare from?

Prosecutor. I lost her from Bedford Houghton fields; a place called Houghton Conquest in Bedfordshire.

Q. to Parsons. How came the prisoner to be suspected?

Parsons. Mr. Waters had bought the mare for four guineas at the inn, and gave him a guinea earnest, and then he gave him liberty to go and fetch two vouchers, he went and did not bring any to his liking, so he took the guinea again and stopped the mare: when before the justice he first said he stole the mare from his uncle, but at last he named the field, and said, he had her out of that; I had forgot the name of the field till I heard it now mentioned again.

Q. Was the prosecutor by at this confession?

Parsons. He was.

Q. to prosecutor. Did he say he had it out of your field, or name a field belonging to you?

Prosecutor. I did not mind, I thought he mentioned some field of his uncle's.

Q. to Parsons. Are you sure he mentioned Bedford Houghton Conquest ?

Parsons. He did, and he mentioned two mens names in that country, that he said had a hand in taking her, and his worship granted a warrant to take them up, and Mr. Valentine brought up a letter from a justice of the peace there to show that there were no such people living there.

Sarah Sorsby . I live servant in Bishopsgate-street, on the 18th of September I was standing at the door with my master's children, the prisoner came up to me and told me a person wanted to speak with me, I asked her if it was a man or a woman, she said it was a man, I said he might; there was a man in the street, he came into the shop and the prisoner with him, the man addressed himself to me, and said he knew me, and had an uncle lived in this street; he pretended to have a great regard for me, I desired him not to deceive me, saying, I had nothing but what I worked for, he told me he would buy me a gown, and I was to go with him to his father's in the evening, to show him the gown I was to be married in, and he would produce 120 l. to his father as my marriage portion; the prisoner had got me to deliver some money into her hands, which is not laid in the indictment, and so immaterial to mention; after this in preparing to go to his father's, I had by her directions packed up a piece of silk of my own.

Q. How much was there of it?

S. Sorsby. There were nine yards three quarters of it; I had put it in a handkerchief, and while I was putting on my capuchin, she took the handkerchief out of my hand and they both went away, and I have never seen the man since nor the prisoner, till she was taken and had before a magistrate.

Prisoner's defence.

She delivered the silk in her handkerchief to the man that she was going to be married to, and he put it into a great coat pocket, I do not know where he is gone.

Guilty .

There were five other detainers against her for defrauds of this nature.

For defrauding Susannah Kellsel of 1 l. 5 s.

For defrauding Dorothy Davis of 36 s.

For defrauding Elizabeth Bridges of 39 s. and some wearing apparel .

For defranding Mary Carnon of 3 l. 12 s. 6 d. For defrauding Elizabeth Philips of a pair of gold earings and a quantity of linen .

[Transportation.]

346. James Ray , was indicted for wilful and corrupt perjury, in swearing in the Palace court Westminster, that John Dickman was indebted to him 2 l. whereas in truth and in fact the indictment charges, he did not owe him that money .

The prosecutor was called, but did not appear.

Acquitted .

347 (.) David Bell , was indicted for that he on the 16th of October , about the hour of eight in the night on the same day, the dwelling house of the Right Hon. Lord Vere Beauclerk , Baron of worth did break and enter, four linen shirts value 20 s. five neckcloths, one silk handkerchief, one silk purse, and four guineas, the goods and money of William Somerfield , did steal, take and carry away . ++

William Somerfield . I live servant with the Right Hon. Lord Vere, I lost four linen shirts, five muslin neckcloths, a silk handkerchief, a silk purse, and four guineas in a gold, on the 16th of this month.

Q. Why do you charge the prisoner?

Somerfield. I was informed he was seen on the road the next morning coming towards London with a small parcel under his arm and a clean shirt and neckcloth on.

Q. Did you know him before?

Somerfield. Yes, I succeeded him at my Lord Vere's he was coachman .

Q. Who gave you this intelligence?

Somerfield. One Richard Holmes , then my Lord's steward and I came to town.

Q. When had you missed your things?

Somerfield. I missed them the same night that they were taken away; we took the prisoner the next morning, we found him under a manger in a stable belonging to Mr. Beckford in St. James's street, he had one of my shirts and neckcloth on; we charged him with taking the things, and he owned where the rest of the things and three guineas of the money was; we went and found them accordingly; then we took him before justice Fielding, there he owned the three guineas were part of the money he had stole from me.

Q. What did he say about the goods?

Somerfield. He was not asked about them.

Q. Did he say how he got them?

Somerfield. He said he got in at the stable window; there was a pane of glass we found had been taken out, and the room door withinfire was burst open.

Q. Is that room part of my Lord Vere's dwelling house?

Somerfield. It is, it is over the stable; my box was broke open.

Q. Did he say he broke it open?

Somerfield. No, he did not, (he produced a silk purse,) this we took out of the prisoner's pocket, it is my property.

Richard Holmes . I was coming from Brentford market on the day following the robbery, I met the prisoner between Smallberry-green turnpike and Brentford bridge between eight and nine o'clock with a little bundle under his arm.

Q. Name the day of the month?

Holmes. It was last Tuesday was sennight; I asked him how he did, he stopped and asked me the same, but did not seem much for talking: I came home and in the afternoon about half an hour after four o'clock, I saw my Lord Vere's postillion, he told me the coachman's room in the stable had been broke open, and linen and money taken away, and that it must be done by some man that knew the stable and room very well; then I said I met the prisoner this morning with a quantity of goods much the same he had mentioned; after the postillion was got home, my Lord Vere's steward sent for me and I told him the same.

Mary Graham . The prisoner came up into my room on the 17th of this month with a bundle and desired I would take care of it, I said let me see what I must take care of, I asked him where he came by them after I had seen them, he said he had been amongst his friends, and I had no business to ask him any questions.

Q. Where do you live?

Graham. I live in Swallow-street, he also brought 3 guineas in gold and left them in my hands.

Q. Were they in the bundle?

Graham. No they were not, he took them out of his pocket.

Q. What was in the bundle?

Graham. There were three shirts, and four cravats wrapped in a red handkerchief.

Q. Was there a silk purse in the bundle?

Graham. No, there was not.

Q. What did you do with that bundle?

Graham. I kept it in my custody. and delivered it to the prosecutor when he came for it.

Q. Did you give it him for asking for?

Graham. There was the prisoner came with him.

Q. What did the prisoner say?

Graham. I do not know that he spoke, the prosecutor said the things were his.

Q. Did he say it was his in the prisoner's presence?

Graham. To be sure he did.

Q. Did the prisoner say nothing to that?

Graham. He said they were that man's goods, (the goods produced in court and deposed to by the prosecutor.) Mrs. Graham delivered these also to me. (Producing three guineas.)

Q. to Mrs. Graham. Are they the same you delivered to the prosecutor?

Graham. I cannot say these are the very same.

Q. Did you deliver the same three guineas which the prisoner delivered to you to the prosecutor?

Graham. I did.

The prisoner said nothing in his defence, but desired my Lord's steward might be called.

William Hewet . I am steward to my Lord Vere, the prisoner lived in my Lord's service six years in the capacity of coachman.

Q. What is his general character?

Hewet. We could never lay any thing of dishonesty to his charge.

Q. How long has he been discharged from my Lord's service?

Hewet. He was discharged in June last.

Q. How came he to be discharged?

Hewet. He did not do so well as he ought to do; we could not lay any thing to his charge of theft before this; he came to London twice without leave.

Prosecutor. This I saw taken out of the prisoner's pocket, (producing a silk purse.) This is the same purse which my money was in.

Elizabeth Willet . My husband's name is John, he is gone to sea, we live in Rotherhith; I lost a bay gelding with a white face two days before last Christmas-day.

Q. From whence?

Willet. From out of the fields at Coscume in Somersetshire, three little miles from Wells , he was moon blind almost.

Q. Did you ever find him again?

Willet. We found him in London, at Mr. Watkins's on Saffron-hill in his stable.

Q. When did you find him?

Willet. About three months ago; we met with one Cape, who told me he bought him of the prisoner at the bar, he had sold him to Mr. Watkins.

Henry Cape . I sold this bay horse that the prosecutrix has swore to, to Mr. Watkins.

Q. Describe the horse?

Cape. He is a bay horse with a bald face.

Q. Where had you the horse?

Cape. I bought him of the prisoner at the bar.

Q. When?

Cape. On the Friday after Christmas-day; the prisoner said he had been in the country to sell a little house and land that he had there, and that he bought this horse there in order to come up to London again.

Q. What did you give for him?

Cape. I gave five guineas for him.

Q. What did you sell him for to Watkins?

Cape. I sold him for four guineas and a half.

Q. How came it that you sold him to loss?

Cape. I let him out for three or four months, and worked him myself in a little cart, and I had worked him down very poor, but he was moon blind, or I had not sold him.

Q. Did you know the prisoner at the bar before?

Cape. I did, he shod the horse two or three months after this.

Q. What is the prisoner's business?

Cape. He is a farrier , he shod him as long as I had him; when the woman came, Mr. Watkins sent for me, then we went to Mr. Keeling and got a search warrant; but the prisoner was gone out of town, my brother afterwards took him.

Q. Did he confess confess any thing?

Cape. No, he did not, he said he bought and paid for him, and so he says now.

William Cape . I am brother to the last evidence, the prisoner offered this bay horse in question to sale the day after Christmas day, and said he had been at home in the west, and bought him to ride on to town.

Q. to H. Cape. Did the prisoner use to shoe horses for you before you bought this horse of him?

H. Cape. He did.

Q. What character did he bear?

H. Cape. I know no ill of him; I have lent him money several times and he has paid me honestly.

Q. to W. Cape. What is the prisoner's character?

W. Cape. I know no ill of him before this, I took him up.

Q. Did he confess any thing?

W. Cape. No, he did not.

Prisoner's defence.

I have a witness here that saw me buy him, his name is William Savage .

John Graves . I lost forty 36 s. pieces, they were taken out of my chest at Mr. George Mercers .

Q. When did you miss them?

Graves. I missed them on the 24th of August in the morning.

Q. Did you lodge in that house?

Graves. No, I did not, my tools and chest was there, and the money was there in the chest.

Q. What trade are you?

Graves. I am a carpenter .

Q. Do you know any thing of your own knowledge against the prisoner at the bar?

Graves. I do not.

William Wilson . The prisoner at the bar and I went out together a house-breaking, for about six months last past, particularly last August, we got a hatchet, which we had laid by for that use; we went to look for it, and it was taken away about the 23d or 24th of August; then he said he could carry-me to a place where we could get a chisel, and that would do as well, so we went to this shop, and broke open the prosecutor's chest. I took out forty-one 36 s. pieces.

Q. Did you know the shop before?

Wilson. I never was at it before nor since.

Q. Did not you go with the prosecutor afterwards?

Wilson. No, I was in custody.

Q. Then how do you know it was the prosecutor's chest?

Wilson. I know no otherwise but by the quantity of the money, and the disposition of the shop.

Q. What did you do with the money?

Wilson. We spent it.

Q. How much had you of it?

Wilson. I had about thirty of them.

Q. How came you to have so much more than the prisoner?

Wilson. He did not know that I had so much. I took some out of it for my self, and the rest we shared.

Q. Who broke the chest open?

Wilson. He did, and I found the money; he took some tools.

Prisoner's defence.

This evidence is a man of a very bad character; I have no questions to ask him, because I am but little acquainted with him; I have some witnesses here to my character.

For the prisoner.

John Leader . I have known him fourteen or fifteen years.

Q. What is his general character?

Leader. He had a very good character all his apprenticeship, and after that he worked about four months with me; I always found him honest, he worked early and late with me, and would work very hard when work was in a hurry, I would have trusted him any where.

Thomas North . I have known him about nine or ten years; he served his time in the same shop as I worked in, he served it out duly and truly, and always kept good hours.

John Drawwater . I have known him from an infant.

Q. What is his general character?

Drawwater. A very good character, I never heard any thing amiss of him in the world till this affair, he served out his time duly and truly.

John Fendall . I have known him from a child.

Q. Are you a relation to him?

Fendall. I am his first cousin.

Q. What is his general character?

Fendall. He always bore a very good charactor.

Anne Stevens . I have known him about seven years.

Q. What has been his character?

Stevens. I never heard any thing but honesty by him; I have trusted him to go out with work and bring the money to me, he has delivered my goods and brought my money wherever I sent him.